How to Serve Divorce Papers in Wisconsin

The decision to get divorced can be very difficult—but once the decision is made, you may be eager to take action. Initiating a divorce is a multi-step process, however, divorce in Wisconsin requires one thing above all else: notice. The divorce process does not officially begin until you formally let the other person know you are divorcing them. You do this by serving them with the divorce papers—but exactly when and how this is done can affect whether your divorce can proceed to a final resolution. Doing it incorrectly can result in not getting divorced at all. So, how do you properly serve divorce papers in Wisconsin?

Questions answered in this article:
What Documents Need to Be Served? | Who Can Serve Divorce Papers in Wisconsin? | How Do I Serve Divorce Papers in Wisconsin? | What If I Can’t Find My Spouse? | What If My Spouse Lives Outside of Wisconsin? | How Long Do I Have to Serve the Papers? | What Happens After the Papers Are Served? | Do I Need Proof of Service? | What If My Spouse Refuses to Accept the Papers? | What Happens if I Change My Mind About the Divorce? | Does it Cost Anything to Serve Divorce Papers in Wisconsin?

What Documents Need to Be Served?

Q: What documents do I need to serve on my spouse?

A: When serving divorce papers in Wisconsin, you typically need to include the following documents:

• The Summons: This is the document that informs your spouse you have initiated a divorce.
• The Petition for Divorce: This document provides basic demographic facts about you, your spouse, and your children and details the general relief you are seeking from the court.
• The Confidential Petition Addendum: This document contains sensitive information such as your social security number and is not available to the public like the Summons and Petition.
• Any Motion or request for temporary orders, if applicable. Often people will file a Motion for Temporary Orders at the time they file for divorce so they can schedule a hearing to determine how the parties will manage their children and finances while the divorce is pending.

You only have to serve your spouse with divorce papers if you are filing as a sole Petitioner. If you and your spouse are filing as Joint-Petitioners, then you do not have to serve the Summons and Petition. However, you DO still have to serve any Motion for Temporary Orders.

Who Can Serve Divorce Papers in Wisconsin?

Q: Can I Just Serve the Papers Myself?

A: In Wisconsin, you cannot serve divorce papers yourself. You must have a third party serve the papers. This can be done by a sheriff’s deputy, a private process server, or any adult who is not a party to the case and is at least 18 years old.

Q: Can I Have a Friend or Family Member Serve My Divorce Papers?

A: Yes. As long as they are a competent adult over 18 years of age and give the papers to your spouse in person.

How Do I Serve Divorce Papers in Wisconsin?

Q: How do I serve divorce papers to my spouse?

A: There are several methods to serve divorce papers in Wisconsin:

• Admission of Service: If your spouse is cooperative, you can either mail them the papers or have them pick-up the papers from a designated location along with a form to sign and return to you that says they agree to accept the papers and to acknowledge the divorce proceedings. This is the easiest and least costly way of serving your spouse.
• Personal Service: This is the most common method of service. A sheriff’s deputy, private process server, or another adult delivers the papers directly to your spouse.
• Substitute Service: If personal service is not possible, you can leave the papers with a person over 14 years of age at your spouse’s residence or workplace.
• Service by Publication: If you cannot locate your spouse or serve them via the above means, you may need to publish a notice in a local newspaper. You can call the Clerk of Courts to find out which local newspaper they require you to publish in. You are required to make reasonable and diligent efforts to serve your spouse via other means before you can resort to service by publication. If you fail to make such diligent attempts, the court could determine that your service by publication is invalid.

What If I Can’t Find My Spouse?

Q: What if I don’t know where my spouse lives?

A: If you cannot locate your spouse, you must make diligent efforts to find them such as by contacting any known family members or friends or by reaching out to them on social media or by searching google or other online databases to find them. If you still cannot locate them after undertaking these efforts, you can then serve them via publication.

What If My Spouse Lives Outside of Wisconsin?

Q: What if my spouse lives in a different state? How do I serve them with divorce papers?

A: You can hire a Sheriff or private process server in the state your spouse resides in to serve the papers. Service may take a bit longer because you may have to mail the process server original certified copies of the documents to be served.

If your spouse lives in a foreign country, you may have to go through a “central authority” such as the Office of International Judicial Assistance to have them served—which may take more than six months to accomplish and which may require all documents to be translated into the native language of the country where your spouse resides.

How Long Do I Have to Serve the Papers?

Q: Is there a deadline for serving divorce papers in Wisconsin?

A: In Wisconsin, you must serve the divorce papers within 90 days of filing the petition. If you are unable to serve the papers within this time frame, you may request one extension from the court, however, you must show you made reasonable efforts to serve your spouse within the original time frame.

What Happens After the Papers Are Served?

Q: What happens after my spouse is served with divorce papers?

A: Once your spouse is served with the divorce papers, they have 20 days to file a response with the court. If they do not respond within this period, it does not mean you automatically “win” everything in the divorce. The court must still make fair and reasonable orders dividing the property, ordering support, and establishing custody and placement of any children. However, if your spouse was served and chooses not to participate in the divorce, you can still finalize the divorce even if they do not cooperate.

Do I Need Proof of Service?

Q: Do I need to prove that I served my spouse with divorce papers?

A: Yes, after serving the papers, the server must complete an Affidavit of Service (also known as Proof of Service) and file it with the court. This document verifies that your spouse was properly served and includes details about how and when the service was completed. If your spouse voluntarily signs an Admission of Service you must file it with the court.

What If My Spouse Refuses to Accept the Papers?

Q: What should I do if my spouse refuses to accept the divorce papers?

A: Contrary to popular belief, your spouse does not have to willingly accept papers for the divorce to go forward. If your spouse refuses to accept the papers, the server can leave them at their feet or nearby and state that they are being served with legal documents. The process server might also leave the papers with another member of your spouse’s household who is over 14 years old. The server should then complete an Affidavit of Service detailing the service attempt.

Q: What happens if I serve the papers incorrectly?

A: Proper service of divorce papers is essential because without proper service, the court cannot proceed with the case. If the papers are not served correctly, it could delay the divorce process and potentially result in additional legal complications—including dismissal of the divorce action. Often, if your divorce is dismissed for lack of service, you can file a new divorce and try again.

What Happens if I Change My Mind About the Divorce?

Q: What if I decide I don’t want to serve the divorce papers after all?

A: If you have filed a divorce but have not served the papers, you can usually dismiss the divorce by sending a letter to the court notifying them of your decision and letting them know you did not serve the papers on your spouse.

Q: What if I already served the papers but then change my mind about getting divorced?

A: If you change your mind about proceeding with the divorce after serving the papers, you can file a Stipulation for Dismissal if you and your spouse both agree you no longer want to proceed. If your spouse has already been served and does not agree to dismiss the divorce, the case may still go forward.

Does it Cost Anything to Serve Divorce Papers in Wisconsin?

Q: What are the costs associated with serving divorce papers?

A: The costs can vary depending on the method of service. Using a sheriff’s deputy might cost around $50-$100, while hiring a private process server can range from $50 to $200 or more. Service by publication can also be expensive, depending on the newspaper’s rates, but can typically cost $200 to $300 and will take several weeks to complete. Serving a spouse who lives in a foreign country can cost several thousand dollars and can take many months.